Collateral Proceeding - Judgment Search Results

DevlIn Vs. Scardelletti

Court: US Supreme Court

..... litigation but need only be a party to the collateral proceedings and therefore need only be named in the filings giving ..... attempts to distinguish these cases by characterizing them as appeals from collateral orders to which the appellants were parties post at 16 ..... we made this distinction between appealing the judgment and appealing a collateral order quite explicit in blossom v milwaukee chicago r co .....

Tulajappa and ors. Vs. Subhas and ors.

Court: Karnataka

Reported in: AIR2003Kant118; ILR2002KAR4231

..... to be enforced or relied upon even at the stage of execution and even in collateral proceedings a defect of jurisdiction whether it is pecuniary or territorial or whether it is in ..... not possessed of any direct appellate jurisdiction over the decision of sub commissioners and proceeding only in a collateral action in which such appellate authority cannot be obliquely assumed 22 the reliance .....

K. Narasimhan (Decd.), Vs. K. Rajagopal

Court: Chennai

Reported in: (2002)3MLJ404

..... order can be challenged on the ground of fraud in a collateral proceeding without any suit for setting aside the decree came up ..... raised under section 44 of the evidence act in a collateral proceeding irrespective of the time when the judgment was delivered or ..... upon even at the stage of execution and even in collateral proceedings a defect of jurisdiction whether it is pecuniary or territorial .....

West Bengal Electricity Regulatory Commission Vs. C.E.S.C. Ltd. Etc. E ...

Court: Supreme Court of India

Reported in: AIR2002SC3588; [2003(1)JCR194(SC)]; JT2002(7)SC578; 2002(7)SCALE217; (2002)8SCC715

..... be restricted by mandating the commission to be bound by a finding in a collateral proceedings such finding is a piece of evidence before the commission which even though has a ..... have to take into consideration the findings recorded in collateral proceedings however it is not correct to state that the said finding in the collateral proceedings will be ipso facto binding on the commission this .....

Sai Baba Vs. Md. Kareem Khan

Court: Andhra Pradesh

Reported in: 2003(3)ALD403

..... and that it can be challenged in any court even in collateral proceedings it is also observed that more often than not process of ..... determination 7 fraud can be challenged in any court even in collateral proceedings the principles of estoppel and doctrine of res judicata have no ..... showing the petitioner as judgment debtor no 5 and declare the proceedings as against the petitioner as null and void 2 to .....

Rupa Ashok Hurra Vs. Ashok Hurra and anr.

Court: Supreme Court of India

Reported in: AIR2002SC177; (2002)2CompLJ193(SC); (2002)IIIGLR2138; (2002)3GLR290; JT2002(3)SC609; 2002(3)SCALE406; (2002)4SCC388; [2002]2SCR1006

..... seven judgebench of this court set aside an earlier judgment of theconstitution bench in a collateral proceeding on the view thatthe order was contrary to the provisions of the act of 1952 ..... shows it containsfour clauses clause 1 guarantees the right to move thesupreme court by appropriate proceedings for the enforcementof the rights conferred by part iii fundamental rights byclause 2 the supreme .....

Shreeprakash Shivram Poddar Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2002(3)ALLMR124; 2002(3)BomCR655

..... upon as a foundation for a right even at the stage of execution or in collateral proceedings in this decision the apex court has reiterated the principles that a decree passed by ..... upon as a foundation for a right even at the stage of execution or in collateral proceedings the apex court further observed that the defect of jurisdiction strikes at the very authority .....

Mehta Suraya and I.P.M. Industries Limited and ors. Vs. United Investm ...

Court: Kolkata

Reported in: AIR2002Cal108,(2002)2CALLT272(HC)

..... every court whether superior or inferion it can be challenged in any court even in collateral proceedings we have no hesitation to state that a person whose case is based on falsehood ..... jurisdiction the court cannot assume jurisdiction in other words the court being without jurisdiction cannot proceed with the same even if an inexecutable decree were executed in the absence of jurisdiction .....

Atul JaIn and anr. Vs. Nohar Chand and ors.

Court: Punjab and Haryana

Reported in: (2003)135PLR560

..... result that no such issue was ever raised merely because some findingshave been recorded in collateral proceedings under the motor vehicles act with regardto the death of one karma whose death had .....

Deva Prasad Reddy Vs. Kamini Reddy and anr.

Court: Karnataka

Reported in: AIR2002Kant356; II(2002)DMC482

..... to give him the locus to challenge its validity in collateral proceedings either on the ground that the court that passed the ..... the tirupathi court was thereupon dismissed as not pressed criminal proceedings were next initiated against the husband for bigamy in which ..... she agreed to purchase same both plaintiff and defendant proceeded with transaction under amistake as to fact that defendant had .....